1896-S AMH .... DINE 041
SHB 1896 - H AMD
By Representative ____________
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.65 RCW to read as follows:
(1) Except as otherwise provided in this section, the department and the department of natural resources are prohibited from entering or reentering into any management agreements with another state agency that would, in the area of Hood Canal south of a line projected from Brown Point in Jefferson county and a location in Kitsap county due east across Hood Canal from Brown Point, allow for the harvest of any naturally occurring geoduck below the mean low tide line.
(2) Except as otherwise provided in this section, the department and the department of natural resources are prohibited from entering or reentering into any management agreements with another state agency that would, in the area of Hood Canal north of a line projected from Brown Point in Jefferson county and a location in Kitsap county due east across Hood Canal from Brown Point and south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county, allow for the harvest of naturally occurring geoduck below the mean low tide line in an amount greater than seventy percent of the maximum allowable harvest level by count for geoduck tracts in that area.
(3) The commission may adopt a rule allowing the department to enter into management agreements with other state agencies that allow for the harvest of naturally occurring geoduck in areas otherwise prohibited or restricted by this section if a majority of the members of the commission vote to affirm that:
(a) A comprehensive survey of geoducks in the Hood Canal south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county has been completed;
(b) The significance of geoducks in reducing oxygenation has been specifically studied; and
(c) The results of the survey and oxygenation study indicate that allowing the harvest of naturally occurring geoducks in Hood Canal will not have either a significant short-term adverse effect or significant long-term adverse effect on the environmental health of Hood Canal.
(4) If a majority of the members of the commission vote affirmatively on a rule under subsection (3) of this section, a summary of the research considered must be presented to the appropriate standing committees of the legislature. No rule may take effect until thirty days after the adjournment of the session during which the research is presented.
NEW SECTION. Sec. 2. A new section is added to chapter 79.96 RCW to read as follows:
The department is prohibited from entering or reentering into a management agreement with another state agency in violation of section 1 of this act, or offering geoduck tracts for harvest on terms that conflict with the provisions of section 1 of this act, unless the department of fish and wildlife is authorized by the fish and wildlife commission to enter into such a management agreement pursuant to section 1(3) of this act."
Correct the title.
EFFECT: Replaces the requirement to conduct a comprehensive survey of geoducks and sea cucumbers in Hood Canal by 2007 with provisions: (1) Establishing an area in which management agreements for harvest of naturally occurring geoduck by the Washington State Department of Natural Resources (DNR) and the Washington Department of Fish and Wildlife (WDFW) are prohibited (south of a line projected from Brown Point to a location across Hood Canal due east of Brown Point); (2) specifying an area in which these management agreements may not allow for harvest of naturally occurring geoduck in an amount greater than 70% of the maximum allowable harvest level by count(north of a line projected from Brown Point and a location across Hood Canal due east of Brown Point and south of a line projected from Tala Point to Foulweather Bluff); and (3) allowing the Fish and Wildlife Commission (Commission) to adopt a rule permitting otherwise prohibited or restricted geoduck harvest if a majority of the Commission votes to affirm specified findings.